IMPORTANT POINT
Further investigation – Whether further investigation should or should not be ordered is within discretion of Magistrate who will exercise such discretion on facts of each case and in accordance with law.

JUDGMENT

Shampa Dutt (Paul), J.—The present revisional has been preferred against an order dated 12.03.2019 passed by the Learned Additional Chief Judicial Magistrate, Barasat, North 24 Parganas in connection with G.R. Case No. 1801 of 2017 arising out of Deganga Police Station Case no. 463/2017 dated 05.08.2017 under Sections 448/449/427/325/354/379/436/506/120(B) of the Indian Penal Code whereby the petitioner’s prayer for further investigation in this case was rejected.

2. The Petitioner’s case is that after the initiation of Deganga Police Station Case no. 338/2014 dated 23.05.2014 under Sections 325/406/302 of the Indian Penal Code at the behest of the Opposite No. 2 and 3, the petitioner and her family members had been refused entry in their own home and had been forced by the private opposite party to leave their residence. The Petitioner and her family member were residing at the mercy of their relatives and cannot go back to their own house, and on 30.06.2014 when no one was present in the house, Opposite Party No. 2 and 3 and some other unknown miscreants entered into the house of the petitioner and stole one gas cylinder, five bag rice, and some other valuable articles. The daughter of the petitioner made a written complaint before the Officer-in-Charge Deganga Police Station disclosing cognizable offences against the private respondent herein. Thereafter on the basis of the complaint Deganga Police Station Case No. 452/2014 dated 01.07.2014 under Section 380 of the Indian Penal Code was started against the private respondents.

3. It is submitted that thereafter challenging the in action and/or non action of the police authorities to render necessary police assistance to the petitioner and her family members to return to her residence and reside there peacefully, the petitioner preferred a Writ Application under article 226 of the Constitution of India before this Hon’ble Court being WP No. 15362(w) of 2017. By an order dated 19.06.2017, the Writ petition was disposed off and the Court opined that it shall be open to the petitioner to approach the Criminal Court and ventilate her grievance in accordance with law.

4. After the disposal of the writ application, the petitioner approached the police authorities with a written complaint for registering case against the opposite party no. 2 and 3 herein, but the same was not registered, the petitioner thereafter preferred an application under Section 156(3) of the Code Criminal Procedure and alleged inter alia as follows:—

That the complainant and her husband and son were not allowed to enter into the locality. One Ajit Karmakar and his wife and some other associates threatened the complainant and her family members with dire consequences. The said accused person and his associates had set fire to the house of the complainant, when the complainant and her family members tried to enter their house on 20.06.2017, the complainant and others family members were chased by the accused persons with deadly weapons with a view to kill them, but somehow the complainant and her family members fled from the spot.

5. The Learned Magistrate after perusal of the petition of the written complaint was pleased to direct the Officer-in-Charge of the Deganga Police Station to register a case treating the same as FIR, which was registered as Deganga Police Station case no. 463/2017 dated 05.08.2017 under Sections 448/449/427/325/354/379/436/506/120(B) Indian Penal Code.

6. It is submitted that, after initiation of the aforesaid case, no proper steps were taken by the investigating officer to properly investigate into the matter and/or to provide police assistance to the petitioner and the continuous threats to the petitioner by or on behalf of the Opposite Party No. 2 and 3. The petitioner by a representation dated 26.11.2018 further approached the Officer-in-Charge Deganga Police Station to do the needful. Similar was her prayer in the representation dated 27.11.2018 before the Sub divisional